V SRINIVASANA Vs. KISHORE DEVMUKHERJEE

JUDGEMENT

(1.) This is a criminal revision filed by the petitioner V. Srinivasan and is directed against the order dated 8.7.1986 passed by Shri S.P. Singh Choudbary, Addl. Sessions Judge, New Delhi.

(2.) Vide order dated 14th February, 1986 passed by Shri Bharat Bhushan, Addl. Chief Metropolitan Magistrate, New Delhi, process was issued against the accused Kishore Dev Mukherjee respondent No. 1 and V.K. Jain respondent No. 2 u/ss 21 and 29(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985, on the complaint filed by Shri V. Srinivasan, Superintendent, Directorate of Revenue Intelligence, New Delhi.

(3.) Against the said order of summoning, a revision petition was filed by V.K. Jain alone which was accepted by Shri S.P. Singh Choudhary, Addl. Sessions Judge, New Delhi, on the short ground that section 202(2) of the Code of Criminal Procedure 1973 (in short Cr P.C.) necessarily mandated the learned Addl. Chief Metropolitan Magistrate to first examine the complainant and all the witnesses before issuing process against the accused persons. The revision petition was accepted only on this question of law.